2007-11-16 TIBBETSON - Laserfiche WebLink

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WATANABE: Dennis, Mr. Krueger, may I swear you in? Do you swear or affirm to tell the truth now before the Planning Commission? KRUEGER: I do. WATANABE: Would you please state your name and address for the record? KRUEGER: Yes. My name is Dennis Krueger. I’m the attorney for the applicant, Daniel Ibbetson. My address is 75-5722 Kuakini Highway, Kailua-Kona. WATANABE: Thank you. You may proceed. KRUEGER: Thank you. I do object to the testimony today. I think it’s improper after the public hearing has been closed. I also believe it misstates the facts just for the record with respect to the restraining order that Ms. Ng is talking about. This restraining order is in effect because it was stipulated by Mr. Kaiawe as well as Mr. Ibbetson, and it’s been in effect because of the stipulation. So this was requested by Mr. Kaiawe the facts of the case are before the Circuit Court, they are not to be argued here today before the Commission. And I don’t want to get into that, but the stipulation that is in effect is the reason why nobody has visited the grave sites. But I do believe it’s improper testimony, especially given Ms. Ng’s relationship to Mr. Kaiawe, the intervenor, and I don’t believe it should be considered by the Commission. WATANABE: Thank you. Do we have any questions from the Commissioners for Mr. Krueger? Thank you, Mr. Krueger. Mr. Matsukawa, in all fairness I believe we should allow you to make some comments also, seeing that you are representing the -. MATSUKAWA: Yes. My name is Michael Matsukawa. My address is 75-5751, Kuakini Highway, Kailua-Kona. I represent Dean Kaiawe, the intervenor. Briefly -. WATANABE: May I swear you in first? MATSUKAWA: Oh, sure. WATANABE: Do you swear or affirm to tell the truth now before the Planning Commission? MATSUKAWA: I do. Essentially, the sunshine law is what’s governing here. The sunshine law allows any person from the public to make a statement on any item that’s on the agenda. And you know, you have to deal with the reality that the sunshine law operates in parallel to your Rules. So I think the testimony is in order. Thank you. WATANABE: So then it’s your position that testimony should be allowed? MATSUKAWA: Yes. It’s part of the record by virtue of the State Law. WATANABE: Thank you. Do we have any questions, Fellow Commissioners, of Mr. Matsukawa? No? Okay. As I stated earlier, we do have some procedural issues that we need to consider. We are up against a 90-day timeframe, which is rapidly approaching. This is EXHIBIT A 4